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The ACLU of Rhode Island and Freedom from Censorship/Freedom of Speech

Censorship comes in many forms, but it is an evil which the ACLU has vigorously fought to oppose since its founding. Below are some of the First Amendment censorship and free speech cases in which the ACLU of Rhode Island has been involved over the years:

About This Case:
This is a lawsuit in U.S. District Court against the Johnston Police Department on behalf of retired Detective James Brady, an 18-year veteran of the force. The suit argues that Johnston Police Chief Richard Tamburini violated Brady’s free speech rights by disciplining him after he spoke to the news media about a matter of public concern.

About This Case:
This is a federal lawsuit against the City of Cranston over an anti-panhandling ordinance enacted by the City Council in 2017. The suit was filed on behalf of Francis White, Jr., who is disabled and formerly homeless, as well as the Rhode Island Homeless Advocacy Project (RIHAP) and two Cranston residents – Karen Rosenberg and Deborah Flitman. The suit argues that the ordinance violates the First Amendment right of individuals to solicit donations and distribute literature on Cranston roadways. In April 2016, the ACLU favorably settled a lawsuit against Cranston over a similar ordinance that barred the solicitation of donations from motorists. In that settlement, the City acknowledged that the ordinance violated the First Amendment and halted its enforcement. The 2017 ordinance makes several cosmetic revisions to the original in an attempt to pass constitutional muster.

About This Case:
This is a federal lawsuit against the City of Cranston, challenging its selective enforcement of an ordinance that bars the placement of commercial advertisements on city property. The suit was filed on behalf of Stephen Hunter, an attorney who was threatened with fines if he did not take down signs advertising his business that he had posted at various intersections throughout the city – even though there were dozens of other advertising signs posted at the same locations which were left untouched and not cited.

A federal civil rights lawsuit filed in partnership with the R.I. Disability Law Center on behalf of a profoundly deaf person who was arrested and detained overnight by Woonsocket police for allegedly making an obscene gesture, and who was never provided an interpreter to allow him to communicate with the police during his detention. The case raised important issues regarding municipal agency obligations to accommodate residents who are deaf or hard of hearing.

The lawsuit argued that city officials violated plaintiff David Alves’s “statutory and constitutional rights by unlawfully arresting and detaining him, charging him with violating an unconstitutional City criminal ordinance, subjecting him to discrimination on account of his disability, and failing to accommodate his disability.”

About This Case:
This is a federal lawsuit on behalf of a disabled person summoned to court and threatened with arrest for holding a handwritten sign seeking donations as he stood on the median of a Cranston roadway. The suit argued that the ordinance infringes on individuals’ free speech rights in a public forum “where the government’s power to regulate speech is most constrained,” is unconstitutionally vague, and improperly bars individuals from standing on or near the road based entirely on the content of their message. In addition to being unconstitutional, ordinances like these are selectively enforced against, and further criminalize, the poor and homeless.

Current Status:
A settlement was reached with the City of Cranston in April 2016.

This lawsuit, filed in U.S. District Court by ACLU of RI volunteer attorneys Shannah Kurland and John W. Dineen, is on behalf of Manuel Pombo, a 62-year-old local street musician (or “busker”) who has been arrested once, and threatened with arrest on numerous other occasions, for playing his saxophone on sidewalks and street corners in Providence. The license not only prohibits him from soliciting donations for his performances, it allows him to perform solely at the unbridled discretion of police officers. This is the third time in five years the ACLU of Rhode Island has sued the City of Providence for interfering with the exercise of free speech rights on the City’s streets and sidewalks. When the suit was filed Mr. Pombo said: "I love to play the saxophone and I know that it has brought joy to many people. But I now live in constant fear of being arrested for playing my music, and it takes a physical toll on me. This is not the way a city that claims to be arts-friendly should treat anybody.”

In January 2016, a settlement was reached. As a result of the settlement, the City of Providence can no longer order Pombo to stop performing on public property or require him to obtain a permit to perform on public property absent violation of any other valid ordinances. The settlement agreement further stipulates that “because soliciting donations is protected speech under the First Amendment,” the City cannot stop Pombo from soliciting or accepting donations for his performances. The City also agreed to pay compensatory damages.

About This Case:
This is a federal lawsuit against the Providence Police Department for violating the "clearly established" free speech rights of two protesters at a fundraiser in Roger Williams Park for then-Gubernatorial candidate, and now Governor, Gina Raimondo. The suit alleges that the police department's actions amounted to a "willful" violation of the "constitutionally protected right of people to peaceably assemble and demonstrate in public parks," and seeks various court imposted remedies, including monetary damages. The suit notes that only six months earlier in another ACLU case, a federal judge condemned the Providence police department's practice of "clearing vast public spaces" of people engaged in free speech activity without legal cause.

TUESDAY, OCTOBER 7, 2014: U.S. District Court Judge William Smith has struck down the state law that makes it a crime to circulate anonymous political literature, including unsigned newspaper editorials. The ACLU of Rhode Island sued over the legality of the statute earlier this year to halt the Town of Smithfield’s stated plans to enforce it. The statute, which carries a potential one-year prison sentence, bars the distribution of any anonymous political literature that relates to ballot questions or that criticizes a political candidate’s “personal character or political action.”

In a four-page decision, Judge Smith called it “hard to imagine what the Rhode Island General Assembly was thinking when it passed this law . . . [but it] must be invalidated as a violation of the First Amendment.”

The ACLU of Rhode Island filed the federal lawsuit to prevent the Smithfield Police Department from continuing to enforce a broadly written state law that makes it a crime to circulate anonymous political literature, including unsigned newspaper editorials. The statute, which carries a potential one-year prison sentence, bars the distribution of any anonymous political literature that relates to ballot questions or that criticizes a political candidate’s “personal character or political action.”

In 1995, the U.S. Supreme Court ruled an almost identical Ohio statute unconstitutional, calling anonymous pamphleteering “an honorable tradition of advocacy and of dissent” designed to “protect unpopular individuals from retaliation - and their ideas from suppression - at the hand of an intolerant society.” That decision cited a long history of anonymous political literature in this country, including the Federalist Papers.

Despite the U.S. Supreme Court ruling, the Rhode Island law has never been formally repealed, and last year the Smithfield Police Department arrested a political consultant for purportedly violating it. As a result of the court decision, the defendants will pay $4,000 in attorneys’ fees in response to the successful challenge to the statute.

A lawsuit challenging a state law that has been interpreted to bar the media from running advertisements containing the names and photographs of public officials without their permission. The lawsuit argues that the statute “has an impermissible and unconstitutional chilling effect on free speech and on the free exchange of ideas” in violation of the First Amendment.

2010: Watchtower Bible and Tract Society v. Segardia de Jesus

Category: Free Speech Religious Freedom

The Affiliate joined in a “friend of the court” brief, filed with the National ACLU and other New England affiliates, in support of a challenge by Jehovah’s Witnesses to a Puerto Rico law that gave certain neighborhoods the right to close themselves off from political and religious canvassers.

This was a successful federal lawsuit charging Providence police with violating the free speech rights of a local resident who was threatened with arrest for leafleting on a public sidewalk. The Rhode Island ACLU asked a federal court to rule that police engaged in a clear violation of the free speech rights of a local resident in 2010 when she was barred from peacefully leafleting on a public sidewalk in front of a building where then-Mayor David Cicilline was speaking.

Federal lawsuit successfully challenging both a town ordinance that significantly limits the posting of political signs, and the town’s discriminatory enforcement of the ordinance against the plaintiff. Cooperating Attorney: Richard A. Sinapi

Federal lawsuit challenging a town’s actions in repeatedly removing a political candidate’s signs from private property. The court ruled unconstitutional the statute under which the actions were purportedly taken, and the defendants thereafter agreed to an award of damages and attorneys’ fees.

Category: Church and State Criminal Justice Free Speech Religious Freedom

Successful appeal of a federal court ruling upholding a warden’s decision to bar an inmate from supervised preaching at religious services even though he had done so for seven years without incident. The appeal argued that the ban violates a federal law guaranteeing religious freedom to institutionalized persons. The appellate court reversed the lower court ruling, and the state subsequently adopted a new policy in accordance with the federal law, and also agreed to pay damages and attorneys’ fees.

Federal lawsuit challenging a town ordinance barring door-to-door solicitation after 7 PM and requiring licensing of all solicitors, including those for non-profit organizations. The court preliminarily upheld the restrictions. On appeal, the appellate court remanded the case for further hearings. The suit was thereafter voluntarily dismissed.

2004: Laffey v. Begin

“Friend of the court” brief challenging a state Board of Elections’ ruling that the hosting of a radio talk show by Cranston’s Mayor constituted an illegal campaign contribution.

2004: Clavet v. Lincoln School Committee

Category: Free Speech Right to Petition & Protest

FREEDOM OF SPEECH. Federal lawsuit alleging that a school district failed to hire a applicant for two art teacher positions because of her public criticism over the years, as a parent, of some school district practices. After a bench trial, the court ruled for the defendants.

Cooperating Attorney: Jennifer Azevedo

2003: Young v. City of Providence

Category: Due Process Free Speech

“Friend of the court” brief challenging, on free speech and due process grounds, the imposition of sanctions on plaintiffs’ attorneys in the Cornel Young, Jr. civil rights case for allegedly misstating the judge’s position in court papers. The district court denied the ACLU permission to file the brief in 2003; the brief was filed in the appellate court in 2004, which overturned the sanctions in 2005.

Federal lawsuit challenging a “gag order” issued by a Coventry fire district chief against two firefighters after they publicly expressed fire-department related concerns about school safety. The defendants agreed to rescind the challenged policies in 2004. Attorneys fees were awarded after a contempt motion was filed against defendants in 2005 for failing to abide by the agreement.

2003: Alves v. Palazzo

“Friend of the court” brief filed in this SLAPP suit appeal in support of a person who was sued by a state Senator for making critical comments about him in letters to the editor of the local paper.

2002: Arcouette v. Tiverton School Committee

Category: Free Speech Right to Petition & Protest

Federal lawsuit challenging a school committee policy barring members of the public from making “charges” or “complaints” against school employees during the public comment portion of committee meetings. The defendants agreed not to enforce the ban pending further court proceedings. In 2004 the defendants revised the policy and paid attorneys fees.

Cooperating Attorney: Jennifer Azevedo

2001: Multnomah County Public Library v. USA

Category: Free Speech

Federal lawsuit challenging the constitutionality of a federal law requiring libraries receiving federal funds to install blocking software on all their Internet access terminals.

Favorably settled federal lawsuit challenging the airport’s censorship of an issue-oriented advertisement on the grounds that it was “political” and “negative.”

2001: Fishbach v. Zurier

Category: Free Speech Right to Petition & Protest

Successful lawsuit challenging a Providence School Board policy barring the public from mentioning the name of any person during the public comment portion of School Board meetings.

2000: Parent v. School Committee of the Town of Johnston

Category: Free Speech Students' Rights

Favorably settled federal lawsuit challenging the summary suspension of a high school student based solely on the content of a “free write” composition.

1998: Providence Firefighters Local #799 v. Partington

Category: Free Speech

Successful federal lawsuit challenging the constitutionality of a fire department order barring employees from speaking to the media without approval of the fire chief.

1998: Parker v. School Committee of the Town of Westerly

Category: Free Speech Students' Rights

Successful administrative challenge to the suspension of a high school student for wearing a rock band T-shirt with the numerals “666” on it.

1995: Cirelli v. Town of Johnston

Category: Free Speech

Successful federal lawsuit challenging school officials’ refusal to allow a high school teacher to videotape safety violations at the school, or to release the videotapes to third parties without permission.

1992: Decristo v. R.I. Commission for Human Rights

Category: Discrimination LGBT Rights Free Speech

Successful federal lawsuit on behalf of a person with HIV who was barred by statute from publicizing his complaint of discrimination while it was pending before the Human Rights Commission.

1990: Atlantic Beach Casino v. Morenzoni

Category: Free Speech

Successful federal lawsuit on behalf of nightclub threatened with revocation of its entertainment license after booking the rap group “2 Live Crew.”

1990: Town of Barrington v. Lemoi

Category: Free Speech Right to Petition & Protest

Successful representation of a person fined $13,000 for displaying political signs in his house window, in violation of an ordinance barring such signs from residential property.

1989: Kass v. Newton

Category: Free Speech

Successful federal suit challenging a state law barring persons from publicizing complaints against public officials filed with the Rhode Island Ethics Commission.

1988: Secretary of Labor v. General Dynamics

Category: Free Speech

Challenge to an administrative gag order barring employees in a safety violations case from discussing the court proceedings in public; the court lifted the gag order.

1988: United States v. Providence Journal

Category: Free Speech

Amicus brief in U.S. Supreme Court in support of newspaper’s right to have published an article in violation of a “prior restraint” order issued by a court.

1987: Fratiello v. Gorodetsky

Category: Free Speech Police Practices

Successful federal lawsuit, filed on behalf of two radicals, against Providence police for interfering with their free speech rights through harassment and bad faith arrests; the court struck down two ordinances under which the plaintiffs had been continually arrested.

Successful federal lawsuit against the banning of an Irish group from Heritage Day Festival because of the group’s political nature.

1983: Elmer v. Ricci

Category: Free Speech Police Practices

The Providence police department issued a formal written apology and paid damages to settle this suit on behalf of a protester who had been arrested while peacefully leafleting outside a building where Henry Kissinger was speaking.

1981: The Independent Press v. Brunelle

Category: Free Speech

Successful federal court challenge to Chariho School Committee decision prohibiting a student from distributing and selling an alternative school paper on school premises.

1980: Lancellotta v. West Warwick

Category: Free Speech Voting Rights

The first of a half-dozen successful Affiliate court challenges to town ordinances banning the posting of election signs in residential areas.

1978: Wisner v. Ricci

Category: Free Speech

Successful federal court suit permitting the display of an art exhibit that had been raided by Providence police.

1975: Driver v. Helms

Category: Free Speech

Class action suit against various officials of the CIA, FBI and Post Office for opening of first-class mail to foreign countries without a court-authorized warrant.